Garraway v. Ciufo et al

Filing 127

ORDER DENYING Plaintiff's 123 Motion for Trial Date as Premature, signed by Magistrate Judge Gary S. Austin on 03/30/2021. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MITCHELL GARRAWAY,

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Plaintiff,
vs.

1:17-cv-00533-DAD-GSA-PC
ORDER DENYING PLAINTIFF’S MOTION
FOR TRIAL DATE AS PREMATURE
(ECF No. 123.)

JACQUILINE CIUFO, et al.,

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Defendants.

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Plaintiff is a federal prisoner proceeding pro se and in forma pauperis with this civil rights

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action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). This case now

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proceeds with Plaintiff’s original Complaint filed on April 17, 2017, against defendants

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Jacqueline Ciufo (Unit Manager), K. Miller (Corrections Officer), and Lieutenant J. Zaragoza

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(collectively, “Defendants”), for failure to protect Plaintiff in violation of the Eighth Amendment.

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(ECF No. 1.)

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On March 8, 2021, Plaintiff filed a motion requesting the court to schedule a trial date for

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this case. (ECF No. 123.) Plaintiff’s motion is premature. The court shall not schedule a trial

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in this case before the pending settlement conference scheduled in this case for May 25, 2021,

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has been resolved.

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Therefore, IT IS HEREBY ORDERED that Plaintiff’s motion to schedule a trial for this
case, filed on March 8, 2021, is denied as premature.

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IT IS SO ORDERED.
Dated:

March 30, 2021

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE